HomeMy WebLinkAboutContract - 11/08/2023 - 2065 Contract No.
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SECTION 1300 Risk Management Review 9Y1
Stunned
CONTRACT
THIS CONTRACT, by and between the CITY OF CATHEDRAL CITY, a municipal corporation, herein
referred to as "City,and Riverside Construction Company Inc.. herein referred to as,"Contractor."
WITNESSETH:
In consideration of their mutual covenants,the parties hereto agree as follows:
1. Contractor shall furnish all necessary labor,material, equipment, transportation and services for BID
NO. B24-54E, ATP CYCLE 5: CATHEDRAL CANYON DRIVE SIDEWALKS AND MULTIUSE TRAIL
(C08505) AND DATE PALM DRIVE EXPANSION (C08508) (the "Work") in the City of Cathedral City,
California. The Work shall be done in strict conformity with this Contract,approved Change Orders,the Invitation
to Bid dated September 20,2023,Instructions to Bidders,permits issued by the City or other agencies,the General
and Specific Project Requirements,Standard Specifications,Plans,Referenced Specifications,the General Conditions,
Supplementary Conditions the Contractor's Bid, and any addenda thereto (the"Contract Documents")all of which
shall be considered a part hereof as though fully set herein.
2. Contractor will comply with all Federal,State,County,and City of Cathedral City laws,regulations
and policies,which are,as amended from time to time,incorporated herein by reference.
3. All work shall be done in a workman like manner and to the satisfaction of the City Engineer.
4. Time is of the essence in Contractor's performance of the Work for this Contract. Contractor agrees
to diligently pursue the performance and completion of the Work in every detail to the satisfaction of the City.
Contractor shall commence work after the issuance of a written Notice to Proceed and agrees to have all work
completed within Three Hundred Sixty-Five(365)working days from the date of Notification to Proceed.
5. In consideration of said Work,City agrees to pay Contractor such sums as shall be approved by the
City Engineer at lump sums and/or unit prices stated in the Contractor's Bid. The total compensation to Contractor
for all Work shall not exceed Three Million Eighty-Four Thousand Six Hundred Three Dollars and Zero Cents
($3,884,603.00). All payments shall be subject to approval by the City Engineer and shall be in accordance with the
terms,conditions,and procedures provided in the Contract Documents.
6. The Contractor,and any subcontractor engaged by Contractor, shall not pay less than the general
prevailing rate for per diem wages,as determined by the State of California Department of Industrial Relations and
referred to in the Invitation to Bid,to any workman employed for the work to be performed under this contract; and
the Contractor shall forfeit as a penalty to the City up to Two Hundred Dollars($200.00) for each calendar day, or
fraction thereof,for every workman paid by Contractor or by any subcontractor engaged by Contractor, in violation
of this provision(Sections 1770-1777,Labor Code of California).
7. Concurrently with the execution of this Contract, Contractor shall furnish bonds of a surety
satisfactory to City,as provided in the Contract Documents,the cost of which shall be paid by Contractor.
8. Contractor agrees to indemnify,hold harmless,release and defend(even if the allegations are false,
fraudulent or groundless), to the maximum extent permitted by law, the City, its City Council and each member
thereof,and its officers,employees, commission members and representatives, from any and all liability, loss,suits,
claims,damages,costs,judgments and expenses(including attorney's fees and costs of litigation)which in whole or
in part are claimed to result from or to arise out of the usage or operation, including the malfunctioning of,or, any
injury caused by, any product purchased herein; or any acts, errors or omissions (including, without limitation,
professional negligence)of Contractor, its employees,representatives, subcontractors, or agents in connection with
the performance of this Contract. This agreement to indemnify includes, but is not limited to, personal injury
(including death at any time) and damage to property (including, but without limitation, contract or tort or patent,
copyright,trade secret or trademark infringement)sustained by any person or persons(including,but not limited to,
companies,or corporations,Contractor and its employees or agents,and members of the general public.
9. Except as otherwise required, Contractor shall concurrently with the execution of this Contract,
furnish the City satisfactory evidence of insurance of the kinds and in the amounts provided in the Contract
Agreement 1300-1
Documents. This insurance shall be kept in full force and effect by Contractor during this entire contract and all
premiums thereon shall be promptly paid by it. Each policy shall further state that it cannot be canceled without 30
days unconditional written notice to the City and shall name the City as an additional insured. Contractor shall furnish
evidence of having in effect, and shall maintain Workers Compensation Insurance coverage of not less than the
statutory amount or otherwise show a certificate of self-insurance, in accordance with the Workers Compensation
laws of the State of California. Failure to maintain the required amounts and types of coverage throughout the duration
of this Contract shall constitute a material breach of this Contract.
10. Contractor shall forfeit as a penalty to City $25.00 for each laborer, workman, or mechanic
employed in the execution of this Contract by said Contractor,or any subcontractor under it,upon any of the work
herein mentioned,for each calendar day during which such laborer,workman,or mechanic is required or permitted to
work at other than a rate of pay provided by law for more than 8 hours in any one calendar day and 40 hours in any
one calendar week,in violation of the provisions of Sections 1810-1815 of the Labor Code of the State of California.
11. In accepting this Contract, Contractor certifies that in the conduct of its business it does not deny
the right of any individual to seek, obtain and hold employment without discrimination because of race, religious
creed, color,national origin, ancestry,physical disability,mental disability, medical condition,genetic information,
marital status,sex,gender,gender identity,gender expression,age,sexual orientation,or military and veteran status
as provided in the California Fair Employment Practice Act(Government Code Sections 12900,et seq.) Contractor
agrees that a finding by the State Fair Employment Practices Commission that Contractor has engaged during the term
of this Contract in any unlawful employment practice shall be deemed a breach of this Contract and Contractor shall
pay to City$500.00 liquidated damages for each such breach committed under this Contract.
12. Contractor also agrees that for contracts in excess of$30,000 that apprentices will be employed
without discrimination in an approved program in a ratio established in the apprenticeship standards of the craft
involved (Sections 1777.5 and 1777.6,Labor Code of California). Contractors who willfully fail to comply will be
denied the right to bid on public projects for a period of six months in addition to other penalties provided by law.
13. This Contract shall not be assignable by Contractor without the written consent of City.
14. Contractor shall notify the City Engineer (in writing) forthwith when the Contract is deemed
completed.
15. In accepting this Contract,Contractor certifies that no member or officer of the firm or corporation
is an officer or employee of the City except to the extent permitted by law.
16. Contractor certifies that it is the holder of any necessary California State Contractor's License and
authorized to undertake the Work. Contractor must, at Contractor's sole expense, obtain all necessary permits and
licenses required for the Work,and give all necessary notices and pay all fees and taxes required by law, including,
without limitation,any business license tax imposed by City. Contractor represents and declares to Agency that it has
all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its
profession.
17. The City,or its authorized auditors or representatives,shall have access to and the right to audit and
reproduce any of the Contractor records to the extent the City deems necessary to insure it is receiving all money to
which it is entitled under the contract and/or is paying only the amounts to which Contractor is properly entitled under
the Contract or for other purposes relating to the Contract.
18. The Contractor shall maintain and preserve all such records for a period of at least three years after
termination of the Contract.
19. The Contractor shall maintain all such records in the City of Cathedral City. if not,the Contractor
shall,upon request,promptly deliver the records to the City or reimburse the City for all reasonable and extra costs
incurred in conducting the audit at a location other than at City offices including,but not limited to,such additional
(out of the City)expenses for personnel,salaries,private auditors,travel,lodging,meals and overhead.
20. In entering into this Contract or a contract with a subcontractor to supply goods, services, or
materials pursuant to this Contract,Contractor and any or subcontractor is deemed to have offered and agreed to assign
to City all rights,title,and interest in and to all causes of action it may have under Section 4 of the Clayton Act(15
U.S.C. Sec. 15)or under the Cartwright Act(Chapter 2,commencing with Section 16700 of Part 2 of Division 7 of
the California Business and Professions Code),arising from purchases of goods,services,or materials for the Contract.
Agreement 1300-2
This assignment will be deemed made and will become effective at the time City tenders final payment to Contractor,
without further acknowledgement by the Parties.
IN WITNESS WHEREOF,the parties have executed this Contract as of the dates stated below.
"CITY"
CITY OF CATHED L CITY,
a California municipal corporation
By:
i Dated: '1-(..› " 2
Charles McClendon,City Manager
ATTEST:
ATTEST:
„E/Ea (OJfY) LL14
Dated: 11-
Tracey R.IL: iosilo,CMC,
City Clerk
APPROVED AS TO FORM:
Dated: I I 11 /1,2g
N, . 11,
EricLCity Attorney
"CONTRACTOR"
11/16/2023
Dated: By I E
Name: 1°na d M. Pim
Tftk: President
Dated: 11/16/2023 ByName: ankr.,-. . 4711118 try
Title: Secretary Tr--"7"4"9,TM0
[CONTRACTOR SIGNATURES MUST BE NOTARIZED. IF CONTRACTOR IS A CORPORATION OR
LIMITED L • :ILITY CO I'ANY,TWO SIGNA • S MUST BE PROVIDED.]
Agreement 1300-3
Executed in Duplicate SECTION 1310
Bond No. 9401273
FAITHFUL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT the City rEr r".,*1---6.11 City, a municipal corporation, hereinafter designated the City, has, on
nal! Cons t.
awarded tole thereinafter designated as the Principal,a Contract for BID NO.B24-54E,
ATP CYCLE 5: CATHEDRAL CAi' ION DRIVE SIDEWALKS AND MULTIUSE TRAIL (C08505) AND
DATE PALM DRIVE EXPANSION(C08508),and
WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful
performance of said Contract:
NOW,THEREFORE,we,the Principal, and Fidelity and Deposit Company of Maryland as Surety, are
held and firmly bound unto the City in the just and full amount of($3,884,603.00) lawful money of the United States,
for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators,and
successors,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, his or its heirs, executors,
administrators,successors,or assigns, shall in all things stand to and abide by,and well and truly keep and faithfully
perform the covenants,conditions,and agreements in the said contract and any alterations made as therein provided,
on his or their part to be kept and performed, at the time and in the manner therein specified, and in all respects
according to their true intent and meaning,and shall indemnify and save harmless,the City,its officers and agents as
therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and
virtue.
It is acknowledged that the Contract provides for one-year guarantee period, during which time this bond
remains in full force and effort.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall, in any way,affect its obligations on this bond,and it does hereby waive notice of any
such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the
specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of
California.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Faithful Performance Bond 1310-1
IN art SS WHEREOF,the Principal and Surety have executed this instrument under their
seals this 10th day of November
, 2023 , the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
iverside Construction Company, Inc.
Principal
(Seal)
"Hen
Signature for Principal
ALI
a
Title of Signatory
Fidelity and a eposit Company of aryland
Surety
(Seal)
017‹
( Si
lel
114 for Surety Margareta T. Thorsen
Attorney-inFact
Title of Signatory
777 S. Figueroa Street, Suite 3900
Los Angeles CA 90017
Address of Surety
(562)587-1511
Phone#of Surety
Jose Chaidez
Contact Person For Surety
Faithful Perform au Bond 1310-2
. .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1109
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document Lo which this ccrtifino1eim attached, and not the
truthfulness, accuracy, nr validity of that document.
State ufCalifornia
County of
On Novemberl]. 2023 before me,_ .
Date x���nam°mnd Title mthe Officer
personally appeared Dnou]d M. {"iuu _
wame(s)ofn/n""r(w
who proved to ma on the basis of satisfactory evidence to be the
person(&) whoue name(G) ioA*nsouboohbad tu the within instrument
and acknowledged to me that he/ohe8hay executed the same in
his/her/their authorized copacity(ie&), and that by hio/h*ee#*ei'
signature(s) on the instrument the pamonhA, or the entity upon behalf
of which the pemnn(.$)acted,executed the instrument.
ALYSSA HELM
Notary Public-California
| certify under PEN8 of
Riverside County
commission 9 2459668 California that th f Ding p _ragra is true and correct.
Ili Comm.Expires Aug 17,2027 j
Signature
Pla
ce Notary o°"/and/or Stamp A m, ~—�
," �
OPTIONAL
Though the information below is not required by law,it may prove Iluable to person relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type nfDocument
Document Date: ___ Number ofPages:
Signer(s)Other Than Named Above:
Capmoity(ies)Claimed by8ignmr(s)
Signer's Nome: _—_---- Signer's Name:
o |ndixidua/
o Individual
o Corporate Officer—Tdle(s): o Corporate Officer—Tkle(s): -
o Partner Ou Limited oGeneral ` — ---- � Partner Li o L�nKod o General
oA�omoyinFnoL �� mom, meyr
OF SIGNER . oA�omeyinFact
OF SIGNER
uTmobe* Top of thumb here np�m""»�� �
� | o /mo��
ouoher oO�oc �
|
_ --_ �
Signer isRepresenting:
� Signer isRepresenting:
!
WHICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State
of New York,the COLONIAI„AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MA.RYLAND a corporation of the State of Illinois(herein collectively called the "ComparuiesTh by Robert
D.Murray,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth
on the reverse side hereof and are hereby certified to he in full force and effect on the date hereof;do hereby nominate,constitute,and appoint
Margareta T.THORSEN of Pasadena,California,its true and lawful agent and Attorney-in-Fut,to make,execute,seal and deliver,for,and
on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance
of these presents,shall he as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and
actsmowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York,,
the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland,
and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland,in
their own proper persons.
The said Vice President does hereby eertifY that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of
the By-Laws of said Companies and is now in force,
IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SLRETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 28th day of April,AD 2020„
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By:Robert 13,Murray
Vice President
,J •
Be:Derive P. Brown
Secretary
State of Maryland
County of Baltimore
On this 28th day of April,A.D.2020,before the subscribers Notary Public of the State of Maryland,duly commissioned and qualified,Robert:0,Murray,
Vice President and Dawn E.Brown,Secretary of the Companies,to me personally known to be the individuals and officers describol in and who executed
the preceding institution,and acknowledged the execution of same,and being by rue duly sworn,dcposeth and saith,that he/she is the said officer of the Company
aforesaid,and that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies,and that the said Corporate Seals and the signature
as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF.I have hereunto set my hand and affixed my Official Seal the day and year first above written.
;,1 •
Constance A.Dunn,Notary Public
My Commission Expires:July 9,2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8,Attorriev,s-in-Each The Chief Executive Officer,the President,or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attomeys-itnfact with authority to execute bonds, policies,
recogruzauces, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time
CERTIFICATE
1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Jo hereby certify that the foregoing
Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V,Section 8, of the By
-
Laws of the Companies is still in force,
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on arty Power of Attorney Any such Power or any certificate thereof bearing such
facsimile signature,and seal shall he valid and binding on theComparty."
This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of tire FIDELITY AND DEPOSIT COMPANY OF MARN'T AND at a
meeting duly called and held on the 10th day of May,1990.
RESOLVED:"That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of
any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall he valid and binding upon the Company with the same force and effect
as though iiiiartually affixed,
IN TESTIMONY WIIEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 103"1 day of Ncrrfit)er 2023
Ori
Im„) (4,,,,, '
By: Brian M.Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND,THE BOND NUMBER,AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-1056
WRI: ',1:!calcIrtittkiar4A_ZglicjIMMMI
800-626-4577
Executed in Duplicate
Bond No. 9401273
SECTION 1320
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THATthe City,of Cathedral City, a municipal corporation, hereinafter designated the City, has, on
iversicie uonst-.
awarded to ,_ inc. hereinafter designated as the Principal,a Contract for BID NO.B24-54E,
ATP CYCLE 5: CATHEDRAL CANYON DRIVE SIDEWALKS AND MULTIUSE TRAIL (C08505) AND
DATE PALM DRIVE EXPANSION(C08508)and
WHEREAS,said Principal is required to furnish a bond in connection and with said Contract,providing that
if said Principal,or any of it or its subcontractors shall fail to pay for any materials,provisions,or other supplies used
in, upon, for, or about the performance of the work contracted to be done,or for any work or labor done thereon of
any kind,the Surety of this bond will pay the same to the extent hereinafter set forth:
NOW,THEREFORE,we,the Principal,anFidelity and Deposit Company of Maryland as Surety,are held
and firmly bound unto the City in the just and full amount of S3,884.603.00), executors, administrators, and
successors,jointly and severally,firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors,
administrators,successors,or assigns,shall fail to pay for any materials,provisions,or other supplies used in,upon,
for,or about the performance of the work contracted to be done,or for any work or labor thereon of any kind or for
amount due under the Unemployment Insurance Act with respect to such work or labor,or for any amounts due,or to
be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to
such work or labor,then said surety will pay the same in or to an amount not exceeding the amount hereinabove set
forth,and also will pay in case suit is brought upon this bond,such reasonable attorney's fees to the City as shall be
fixed by the court.
This bond shall insure to the benefit of any and all persons,companies,and corporations named in Section
3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit
brought upon this bond.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications
accompanying the same shall,in any way,affect its obligations of this bond,and it does hereby waive notice of any
change, extension of time, alteration,or addition to the terms of the contract or to the work or to the specifications.
Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Payment Bond 1320-1
IN WI SS WHEREOF,the Principal and Surety have executed this instrument under their
seals this 10th day of November , 2023, the name and corporate seal of each
corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to
authority of its governing body.
Riverside Construction Company, Inc.
Principalt
(Seal) (t1
7 1
ose t c4-7stiev
Signature for Principal
I I
• • ii
Title of Signatory
Fidelity and Deposit Company of Maryland
Surety
(Seal)
Sig at for Surety margareta T.Thorsen
Attorney-in-Fact
Title of Signatory
777 S. Figueroa Street, Suite 3900
Los Angeles CA 90017
Address of Surety
(562)587-1511
Phone#of Surety
Jose Chaidez
Contact Person For Surety
Payment Bond 1320-2
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT CIVIL CODE § 1189
f\notary public or other officer completing this certificate verifies only the identity of the �
individual who signed the document[o which this cerLifioa±e is attached, and not the
truthfulness, accuracy, or validity o[that document.
State ufCalifornia
County of Riverside
On November 13, 2023 before me. Al 'sSOfIelou Notary Public .
Date Here Insert name and Title of the om".,
personally appeared Donald M. Pim
w»exm
~
who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) ieAeee subscribed 0m the within instrument
and acknowledged to me that he/she/they executed the uuma in
hia/henYheir authorized oapooity(i*s), and that by his/her/their
signature(s) on the instrument the porsnn(-s), or the entity upon behalf
of which the pemon(s)acted, executed the instrument.
ALYSSA HELM
Naary Pubi I certify under PENA, LTY F PERJU Y und 't the laws of the State of
Riverside CourdY
California that the f4regoit !and correct.
Signature
n�°w"��e°"/=*m,nm=,^^=° /
OPTIONAL
Though the information below ia not required by law,it may prove vu|�ab|etupe�on relying on the document
and could pnrmn,�nudu|entremoval and�a�oohmantuf�is form m another document.
Description of Attached Document
Title ur Type ofDocument
Document Date: _ Number ofPages:
Signer(s) Other Than Named Above:
Cmpacity(ims)Claimed by8iQnwrh0
Signer's Name: Signers Name:
o |ndividua|
o |ndividua|
o Corporate Officer—Titl*(s): oCoqporateOffimar—TiUohA:
- �
o Partner o Limited oGeneral oPa�narO oUmi�doGonnno|
' muxT Txowmpm�r � RIGHT THUMBPRINT
o Attorney inFact L OF SIGNER Attorney � opm�me�
o
oTms�e � r=mm"�^�� npmm"mu��
! | oTmnbao �
� �
oumoc _ �
| ~ ~~~':
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Signer iuRepresenting: |
8�nerioRepresenU �Representing:
�
|
_ |
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State
of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Illinois,and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois(herein collectively called the"Companies"),by Robert
D.Murray,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth
on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate,constitute,and appoint
Margareta T.THORSEN of Pasadena,California,its true and lawful agent and Attorney-in-Fact,to make,execute,seal and deliver,for,and
on its behalf as surety,and as its act and deed:any and all bonds and undertakings,and the execution of such bonds or undertakings in pursuance
of these presents,shall be as binding upon said Companies,as fully and amply,to all intents and purposes,as if they had been duly executed and
acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,
the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills,Maryland,
and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills,Maryland,in
their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8, of
the By-Laws of said Companies and is now in force.
IN WITNESS WHEREOF,the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 28th day of April.A.D.2020.
ATTEST:
ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
, -
By:Robert.D.Murray
Vice President
By:Dawn E.Brown
Secretary
State of Maryland
County of Baltimore
On this 28th day of April,A.D.2020,befime the subscriber,a Note!):Public of Me State of Maryland,duly commissioned and qualified,Robert D.Murray,
Vice President and Dawn E. Brown,Secretary of the Companies,to me personally known to be the individuals and officers described in and who ex exiited
the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company
aforesaid,and that the seals affixed to the preceding Mstrutnent are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature
as such officer were duly affixed and subscribed to the said instnunent by the authority and direction of the said Corporations.
IN'I/ESIllvIONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Constance A.Dunn Notary Public
My Commission Expires:July 9,2023
EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V.Section 8,Attorneys-in-Fact The Chief Executive Officer,the President,or any Executive Vice President tit Vice President
inay, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney-in-tact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFIC*TE
the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY
AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the tbregoing
Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V. Section 8, of the:By-
Laws of Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERECAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December J998.
RESOLVED:"That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the,Seal of the Company may be affixed by facsimile on any Power of Attorney. Any such Power or any certificate thereof boating such
-facsimile signature and seal shall be valid and binding on the Company."
'[his Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called arid held CIL the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY CIF MARYLAND at a
meeting duly called and held on the 10thi day of May,1990.
RESOLVED:"Thai the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature or
any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHER.E0F,I have hereunto subscribed any name and affixed the corporate seals of the said Companies,
this ullf day of rtaviiroter 2023
03 5 iii7N t
.01 IMP its"...
7,i 141 •—*1.81 SEAL
0 a -°°-* 1 W. 10911 fietb
By: Brian M.Hodges
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER,AND YOUR CONTACT'
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg,IL 60196-I056
Vitgidula,conL
800-626-4577
SECTION 1330
WO' RS'COMPENSATION INSU• NCE CERTIFICATE
In accordance with California Labor Code Section 1861, prior to commencement of work on the Contract, the
Contractor shall sign and file with the City the following certification:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to
be insured against liability for workers'compensation or to undertake self-insurance in accordance
with the provisions of that code, and I will comply with such provisions before commencing the
performance of the work of this contract."
Signa re an M. Lo sbury
Secretary / Treasurer
Title
11/16/2 OZ3
Date
Workers'Compensation Insurance 1330-1